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Case T-524/23: Judgment of the General Court of 13 November 2024 – Boehringer Ingelheim Pharma v EUIPO – Glenmark Pharmaceuticals Europe (Shape of inhaler) (EU trade mark – Invalidity proceedings – Three-dimensional EU trade mark – Shape of an inhaler – Absolute ground for invalidity – Sign which consists exclusively of the shape of goods which is necessary to obtain a technical result – Article 7(1)(e)(ii) and Article 51(1)(a) of Regulation (EC) No 40/94 (now Article 7(1)(e)(ii) and Article 59(1)(a) of Regulation (EU) 2017/1001) – Obligation to state reasons – Article 94(1) of Regulation 2017/1001)
ECLI:EU:UNKNOWN:62023TA0524
62023TA0524
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Official Journal of the European Union
C series
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C/2025/172
(Case T-524/23)
(EU trade mark - Invalidity proceedings - Three-dimensional EU trade mark - Shape of an inhaler - Absolute ground for invalidity - Sign which consists exclusively of the shape of goods which is necessary to obtain a technical result - Article 7(1)(e)(ii) and Article 51(1)(a) of Regulation (EC) No 40/94 (now Article 7(1)(e)(ii) and Article 59(1)(a) of Regulation (EU) 2017/1001) - Obligation to state reasons - Article 94(1) of Regulation 2017/1001)
(C/2025/172)
Language of the case: English
Parties
Applicant: Boehringer Ingelheim Pharma GmbH & Co. KG (Ingelheim, Germany) (represented by: I. Fowler and C. Stöber, lawyers)
Defendant: European Union Intellectual Property Office (represented by: T. Klee and V. Ruzek, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Glenmark Pharmaceuticals Europe Ltd (Harrow, United Kingdom) (represented by: R. Dissmann and L. Jones, lawyers)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 13 June 2023 (Case R 1558/2021-4).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Boehringer Ingelheim Pharma GmbH & Co. KG to pay the costs.
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Language of the case: English
ELI: http://data.europa.eu/eli/C/2025/172/oj
ISSN 1977-091X (electronic edition)
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